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Topic: False pretenses

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	False Pretenses Lawyers & Legal Information
		False pretenses, or more properly called "obtaining property by false pretenses," is a crime where someone lies or makes misrepresentations in order to obtain someone else's property.
		Note that it is essential that the victim of the false pretense must actually be deceived by the misrepresentation, and the deception must be a major (if not the only) factor of the victim granting title to the lying party.
		This crime is identical to the crime of false pretenses except that the actual title of the property is never transfered; the perpetrator is simply stealing it.
	www.legalmatch.com /law-library/article/false-pretenses.html (593 words)

	False pretenses - Wikipedia, the free encyclopedia
		Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does cause the victim to pass title of his property.
		That is, false pretense is the acquisition of title from a victim by fraud or misrepresentation of a material past or present fact.
		The scope of the offence was enlarged to include practically all false pretences by the act of 1756, the provisions of which were embodied in the Larceny Act 1861.
	en.wikipedia.org /wiki/False_pretenses (1236 words)

	OSCN Found Document:Smith v State
		It is not necessary that the false pretense should be the sole inducement which moved the prosecutor to part with his money.
		While it is not necessary that the false pretenses should be the sole inducement which moved the prosecuting witness to part with his money, it is necesary to show that they materially contributed to that end, and that without such false pretenses he would not have parted with his money.
		In order to justify a conviction upon a trial of an indictment for false pretenses, it must appear that the prosecutor parted with his money by reason of some of the pretenses set forth in the indictment, or, if not solely by reason of such pretenses, that they at least materially influenced his action.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=16829 (704 words)

	[No title]
		I disagree with appellant that the false pretense was limited to a single statement, and rather determine that, viewing the transaction under the totality of the circumstances, Detective Needels relied on the false statements.
		What constitutes a false pretense is a question of law, and we review "de novo the trial court's application of defined legal standards to the particular facts of a case." Quinn v.
		In determining whether the false pretenses induced the detective to part with his property, the Supreme Court of Virginia has put forth this test: "whether the false pretense, either operating alone or with other causes, had a controlling influence, or that without such pretense the owner would not have parted with his goods." Trogdon v.
	www.courts.state.va.us /opinions/opncavtx/1592044.txt (2029 words)

	JURCRM0920
		The defendant is charged with larceny in the [(1st degree) (2d degree) (3d degree) (4th degree) (5th degree) (6th degree)] by obtaining property by false pretenses in violation of § 53a-119 (2) of the Penal Code and [(§ 53a-122) (§ 53a-123) (§ 53a-124) (§ 53a-125) (§ 53a-125a) (§ 53a-125b)].
		It would not be obtaining property under false pretenses where possession of the property was intended to be acquired for some temporary use of relatively brief duration, after which the property would be returned or recovered.
		To satisfy the third element of the crime, the false pretense, token or device must be the means by which the property was obtained.
	www.jud.state.ct.us /CriminalJury/9-20.html (1068 words)

	Private Investigator \| Issue Abstracts - PI Magazine
		So, if for example, the pretexter is using false pretenses to get from the consumer’s bank the consumer’s address, that would be covered.
		Or, if they are going to the consumer and getting the name of their bank through false pretenses, that would be covered.
		Winston: As long as you have not said that you are the customer, or said anything that isn’t true, or used false pretenses, it would not have violated the GLB Act.
	www.pimagazine.com /ftc_article.htm (1817 words)

	Proposed Jury Instruction for False Pretenses
		Felonious False Pretense is committed when any person obtains from another person by any false pretense, token or representation with intent to defraud money, goods, or other property, which may be the subject of larceny and which money, goods or other property had a value of $1,000.00 or more.
		Misdemeanor False Pretense is committed when any person obtains from another person by any false pretense, token or representation with intent to defraud money, goods, or other property, which may be the subject of larceny and which money, goods or other property had a value of less than $1,000.00.
		Felonious False Pretense is committed when any person, firm or corporation obtains from another person by any false pretense, token or representation with intent to defraud, services or labor, and which services or labor had a value of $1,000.00 or more.
	www.state.wv.us /wvsca/jury/crim/falsepr.htm (3668 words)

	Pleading for theft consolidation in Virginia: Larceny, embezzlement, false pretenses and sec 19.2-284 Washington and ...
		The crime of false pretenses still may never occur as a result of a false promise.330 Even under (sec)19.2-284, the Commonwealth may not convict of false pretenses those thieves employing a false promise to effect their crime.331 But apart from this distinction, false pretenses and larceny otherwise appear consolidated.
		All thieves misrepresenting a material fact may be guilty of false pretenses, and all swindlers, regardless of the character of their representation, may be guilty of larceny by trick.
		The offense of false pretenses cannot occur as a result of a false promise.337 Therefore, even after application of (sec)19.2-284, the Commonwealth may not convict of false pretenses a wrongdoer who misappropriates through the use of a false promise.
	findarticles.com /p/articles/mi_qa3655/is_199901/ai_n8835387/pg_15 (506 words)

	liibulletin: People v. Sala
		The trial court denied Defendants' motions to dismiss the case based on insufficiency of the evidence, and instructed the jury that larceny by false pretenses is committed when statements are made that effectively conceal or omit material facts.
		Reversing its position taken in the original jury instruction, the trial court held that larceny by false pretenses requires affirmative, overt misrepresentations, not merely the concealment or omission of material facts.
		The Court therefore did not reach the issue of whether a conviction for grand larceny for false pretenses may be based merely on the concealment or omission of material facts.
	www.law.cornell.edu /nyctap/comments/i00_0105.htm (461 words)

	[No title]
		On appeal Shropshire alleges that the evidence was insufficient to establish all the elements necessary to prove grand larceny by false pretenses.
		ANALYSIS Shropshire asserts that the evidence was insufficient to establish all the requisite elements of the offense of grand larceny by false pretenses.
		In addition to the elements above, "'[a]n essential element of larceny by false pretenses is that both title to and possession of property must pass from the victim to the defendant (or his nominee).'" Baker v.
	www.courts.state.va.us /opinions/opncavwp/0382023.doc (4094 words)

	LawKT.com: Law Firm Publications on False Pretenses
		If the infraction involves false pretenses, the penalties increase to $100,000 and five years in prison; if it involves commercial or personal gain or malicious harm, the penalties are $250,000 and 10 years in prison.
		If the infraction involves false pretenses, the penalties increase to $100,000 and 5 years in prison; if it involves commercial or personal gain or malicious harm, the penalties are $250,000 and 10 years in prison.
		If the infraction involves false pretenses, the penalties increase to $100,000 and five years in prison; if it involves commercial or personal gain or malicious harm, the penalties are up to $250,000 and ten years in prison.
	www.lawkt.com /pubs/False_Pretenses.html (10025 words)

	Pleading for theft consolidation in Virginia: Larceny, embezzlement, false pretenses and sec 19.2-284 Washington and ...
		The Commonwealth of Virginia has always purported to treat the three basic theft crimes of larceny, embezzlement, and false pretenses as separate and distinct offenses.5 Virginia maintains separate statutes for each crime.b However, over the past 130 years, court decisions and statutory amendments have blurred the distinction among the theft offenses.
		Throughout history, larceny, embezzlement, and false pretenses have converged several times.2' The element of possession inherent in common law larceny has often become so ambiguous that it threatens to blur the distinctions among the three crimes.
		For example, embezzlement and false pretenses carry the same punishment as larceny.31 This suggests that no moral difference exists among the offenses.32 However, if larceny, embezzlement, and false pretenses survive in Virginia as separate offenses, the technical distinctions among them must remain.
	www.findarticles.com /p/articles/mi_qa3655/is_199901/ai_n8835387 (683 words)

	Bank Fraud Attorneys, White Collar Lawyers, Charleston SC: Criminal Defense, Forged Checks
		The “two subsections are in the disjunctive, so that an individual may commit bank fraud under provision (1) by defrauding a financial institution without making the false or fraudulent representations required by provision (2).” United States v.
		The defendant used materially false or fraudulent pretenses, representations, or promises in the execution or attempted execution of the scheme.
		Gaudin, 515 U.S. 506 (1995) (materiality in a false statement case is a jury question).
	www.joegriffith.com /bank-fraud.html (2181 words)

	CHAPTER 948 FRAUDS AND FALSE PRETENSES
		False statement by hirer of horse; by hirer of boat.
		53a-132 re false entry by officer or agent of a public community.
		The person who wrongfully obtains a registration or the transfer of a registration, as aforesaid, may be tried therefor either in the venue where the false pretense, device or representation was made or practiced or where such registration or transfer was made.
	www.cga.ct.gov /2005/pub/Chap948.htm (339 words)

	CUNA News Now: Lafayette chair: Petitioners signed under false pretenses
		Rosenthal also suggested that members who signed the petition "did so under false and misleading circumstances" and that some petitioners were "interlopers" and not members of LFCU.
		He indicated that members were told a number of statements by petition solicitors that are "false and demonstrate a reckless disregard for the truth.
		He noted the conversion was not about insider greed and that the board unanimously voted to not accept any compensation or stock benefits.
	www.cuna.org /newsnow/07/system022107-8.html (334 words)

	False Pretenses - Moviefone
		False Pretenses - Trailer - Showtimes - Cast - Movies - New York Times Hal Erickson, All Movie Guide.
		False Pretenses (2004) (TV) False Pretenses on IMDb: Movies, TV, Celebs, and more...
		False Pretenses - Cast & Crew, movie showtimes, plot, synopsis, exclusive features, trailers, clips, theater listings, reviews, message boards, dvd, videos, rentals and more on Moviefone.
	movies.aol.com /movie/false-pretenses/1058242/main (127 words)

	The Carpetbagger Report > Print > War under ‘false pretenses’ (Site not responding. Last check: 2007-11-06)
		Yet, when Russert asked him if we waged war under false pretenses, Bush rejected the notion, insisting that he “expected to find these weapons.” Well, I’m sure he did, but that’s not really the point.
		What the president expected has only the most tangential connection to what he told the world was going to happen.
		As a factual matter, if Bush is willing to concede now that his own WMD claims were false, then how, logically, can he deny that the war was waged under false pretenses?
	www.thecarpetbaggerreport.com /wp-print.php?p=1221 (409 words)

	False Pretenses eBooks - Catherine Coulter - Visit eBookMall Today!
		Repackaged and updated for her ever-growing legion of fans, "False Pretenses" represents Coulter's first foray into contemporary suspense.
		A concert pianist is living a perfect life until she is accused of murdering her husband, an international business tycoon.
		She is cleared by a surprise witness, but things grow complicated when three mysterious men appear in her life.
	www.ebookmall.com /ebooks/false-pretenses-coulter-ebooks.htm (111 words)

	It's not the first war under false pretenses - The Boston Globe
		It's not the first war under false pretenses - The Boston Globe
		It's not the first war under false pretenses
		H.D.S. It's not the first war under false pretenses
	www.boston.com /news/globe/editorial_opinion/oped/articles/2006/05/23/its_not_the_first_war_under_false_pretenses (783 words)

	HomePages - Welcome to the Neighborhood
		You may not provide false or misleading information to this Sites or submit information under false pretenses.
		Without limiting anything else in these Site Terms, we may immediately terminate your access to and use of any of the Sites if you provide false or misleading information or submit information under false pretenses.
		Each person that is provided with a password and user ID to use a Site must agree to abide by these Site Terms and is responsible for all activity under such user ID. You are responsible for maintaining the confidentiality of any password connected with your account.
	www.homepages.com /Terms.aspx (1180 words)

	False Pretenses - Catherine Coulter - Penguin Group (USA)
		False Pretenses - Catherine Coulter - Penguin Group (USA)
		First published in 1988, False Pretenses was not only Catherine Coulter's first foray into contemporary suspense, but it was also her first hardcover.
		Now, beautifully repackaged for her ever-growing legion of fans, False Pretenses will once again electrify readers.
	us.penguingroup.com /nf/Book/BookDisplay/0,,0_9780451199683,00.html (103 words)

	Meridian Magazine :: False Pretenses by Carole Thayne
		Selecting a novel to review this month was not easy, not because of a lack of excellent books, but because there were so many good ones to choose from.
		There are chases aplenty to keep the action moving and the fun really begins when the runaways end up at Sunny Day’s diner.
		All-in-all False Pretenses is a well-told story. Good job, SisterThayne.
	www.ldsmag.com /books/040720false.html (385 words)

	We Were Led to War Under False Pretenses (Site not responding. Last check: 2007-11-06)
		A year after the invasion of Iraq, it's now clear we were led into war under false pretenses.
		Contrary to the Bush administration's claims, Iraq did not have weapons of mass destruction and Saddam was not involved in 9/11 or tied to al-Qaida.
		Tom Maertens of Mankato, Minnesota served as National Security Council director for nuclear nonproliferation on both the Clinton and Bush White House staffs, and as the State Department's deputy coordinator for counterterrorism during and after Sept. 11, 2001.
	www.commondreams.org /cgi-bin/print.cgi?file=/views04/0319-05.htm (532 words)

	Iraq Intelligence Scandal
		Timeline of Events In the Promulgation of False Intelligence on Iraqi Weapons of Mass Destruction
		Mr Campbell writes to Richard Sambrook, BBC director of news, to complain the reports gave impression the government took Britain to war on false basis.
		He also uses press briefing to highlight what he says are series of inaccuracies in Gilligan's reports.
	news.electromagnet.us /timeline.html (1414 words)

	False Pretenses, Parasites, and Monsters
		One is Gayl Jones's Mosquito, published in 1999, an archival novel told in dialect by an extremely digressive narrator, and the other is Mark Danielewski's House of Leaves, a collage of narratives, commentaries, and visual materials published in 2000.
		Though neither is exactly the kind of "false pretenses" fiction I've been describing, both are pervasively self-conscious about their fictional inheritances and highly metafictional.
		At the moment, though, its authors have to be content with the pleasure parents take in making up or reading others' bedtime stories to their children, an act that may be at the root of all parasitical and monstrous fiction-making, an act of pretense before "false" was attached.
	www.electronicbookreview.com /thread/webarts/noisy (5920 words)

	“False Pretenses, Parasites, and Monsters: Some Recent American Fictions”
		The fictions I want to begin with tonight come to readers as false pretenses.
		The books pretend to depict an historical world not our own, and at the same time they all rely on and admit within themselves to relying on earlier novels or writers.
		One is Gayl Jones’s Mosquito, published last year, an archival novel told in dialect by an extremely digressive narrator, and the other is Mark Danielewski’s new House of Leaves, a collage of narratives, commentaries, and visual materials.
	www.spinelessbooks.com /unknown/presskit/parasi.htm (6219 words)

	Aggression Under False Pretenses
		The Washington Post gives op-ed column space this morning to the leader of a genocidal terrorist organization, who uses it to justify kidnapping and murder: Aggression Under False Pretenses.
		This morning the Washington Post published Prime Minister Ismail Haniyeh's resolute and clear op-ed: " Agression Under False Pretenses." "We present this clear message: If Israel will not allow Palestinians to live in peace, dignity and national integrity, Israelis themselves will not be able to enjoy those same rights.
		When Palestinian Ismail Haniyeh complained that Israel has the 13th-largest military force on the planet and it is used to protect an area about the size of New Jersey he probably already knew that Hezbollah was planning on kidnapping more Israelis.
	tailrank.com /posts/562949953723856/Aggression_Under_False_Pretenses (817 words)

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